By Reyna of Bexar                                     H.B. No. 3462
         Substitute the following for H.B. No. 3462:
         By Reyna of Bexar                                 C.S.H.B. No. 3462
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the importation of wine for personal use.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 107.07, Alcoholic Beverage Code, is
 1-5     amended to read as follows:
 1-6           Sec. 107.07.  Importation for Personal Use; Importation by
 1-7     Railroad Companies. (a)  A Texas resident may import not more than
 1-8     one quart of liquor for his own personal use without being required
 1-9     to hold a permit.  A Texas resident may import for his own personal
1-10     use not more than three gallons of wine without being required to
1-11     hold a permit.  A nonresident of Texas may import not more than a
1-12     gallon of liquor for his own personal use without being required to
1-13     hold a permit.  A person importing liquor into the state under this
1-14     subsection must pay the state tax on liquor and an administrative
1-15     fee of 50 cents and must affix the required tax stamps.  No minor
1-16     and no intoxicated person may import any liquor into the state.  A
1-17     person importing [wine or] liquor under this subsection must
1-18     personally accompany the [wine or] liquor as it enters the state.
1-19     A Texas resident who purchases wine while at a winery located in
1-20     this state, another state, or another country may ship this wine or
1-21     cause the wine to be shipped to the person's residence.  A person
1-22     importing wine under this subsection may ship the wine or cause the
1-23     wine to be shipped to the person's residence.  The person must be
1-24     present when the wine is delivered to the person's residence.  A
 2-1     person may not avail himself of the exemptions set forth in this
 2-2     subsection more than once every thirty days.
 2-3           (f)  A holder of a nonresident seller's permit issued
 2-4     pursuant to Chapter 37 of this Code may not ship alcohol or cause
 2-5     alcohol to be shipped to a Texas resident pursuant to subsection
 2-6     (a) of this section.
 2-7           (g)  Any person in the business of selling alcoholic
 2-8     beverages in another state or country who ships or causes to be
 2-9     shipped any alcoholic beverage directly to any Texas resident under
2-10     this section is in violation of this code.
2-11           SECTION 2.  This Act takes effect September 1, 2001.